A.
All claims against the city for money or damages not otherwise governed by the Tort Claims Act or another state law (hereinafter "claims") shall be presented within the time and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended and also as provided in this section.
B.
All
claims shall be made in writing and verified by the claimant or by
his or her guardian, conservator, executor or administrator. No claim
may be filed on behalf of a class of persons unless verified by every
member of that class as required by this subsection.
C.
In accordance
with Government Code Sections 935(b) and 945.6, all claims shall be
presented as provided in this subsection prior to the filing of suit
on such claims.
(Prior code § 1600; Ord. 162 § 2, 1997)
The city council shall not hear, consider, allow or approve
any claim, bill or demand against the city unless the same be itemized
giving names, dates and particular services rendered, distance traveled,
character of work done, number of days engaged, materials and supplies
furnished, when and to whom, in what quantity furnished, the price
therefor and any other pertinent details as the case may be.
(Prior code § 2600)
Each claim or demand presented for payment shall be presented
to the city manager who shall prepare a register of demands. Each
claim or demand arising as the result of the purchase of supplies
or equipment, from projects under construction, or from contracts
and agreements shall be presented to the department head, if any,
who authorized the same, for his or her written approval, and each
claim or demand shall thereafter be presented to the city manager
for his or her written approval. The city manager shall inform the
city council in writing of any claims or demands presented against
the city which shall fail to obtain the approval of the city manager.
All such claims and demands, whether approved or not, shall be forwarded
by the city manager to the city council for audit. The city council
shall audit the claims and demands as required by law.
(Prior code § 2601)
Except as is provided in the following section, a register of
all claims against the city shall be submitted to the city council
prior to payment. Such register shall have attached thereto the affidavit
of the city manager certifying as to the accuracy of the demands and
the availability of funds for payment thereof.
(Prior code § 2602)
Payroll checks for officers and employees whose compensation
has been previously fixed by the city council need not be audited
by the city council prior to payment. Payrolls shall be presented
to the city council for ratification and approval at its first meeting
after delivery of the payroll warrants.
Checks drawn in payment of demands certified or approved by
the city manager as conforming to a budget approved by resolution
of the city council need not be audited by the city council prior
to payment. However, demands paid by check prior to an audit by the
city council shall be so stated on the register of demands separately
from unpaid demands, and shall be presented to the city council for
ratification and approval at the first meeting following delivery
of the warrants.
(Prior code § 2603)
If the city council finds that any claim or demand is not a
proper charge against the city, it shall be rejected by resolution
or minute action and the fact of the rejection shall be plainly endorsed
upon the claim by the city clerk or his or her authorized representative.
If any disputed claim or demand is determined to be a proper charge
against the city, the same shall be allowed only by resolution setting
forth as to each claim the name of the claimant, a brief statement
of the claim and the amount allowed. Any claim may be allowed and
rejected in part by the city council.
(Prior code § 2604)
When a claim or demand is approved and allowed by the city council,
the city clerk shall endorse upon the duplicate of each such claim
the words "allowed by the City Council of Malibu," together with the
resolution number allowing the same, the date, and the signature or
initials of the city clerk.
(Prior code § 2605)
For every claim or demand approved and allowed by the city council,
the mayor or other council person designated by the council shall
draw a check upon the city treasury for the same, which check shall
be countersigned by the city manager. Every check shall specify for
what purpose it is drawn and the fund from which it is to be paid.
The signatures of the mayor or other person designated by the council
and the city manager shall be by manual signature.
(Prior code § 2606)
Except as otherwise provided, no checks shall be drawn or evidence
of indebtedness issued unless there be at the same time sufficient
money in the treasury legally applicable to the payment of the same.
(Prior code §2607)
